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With increasing digitalization and the evolution of artificial
intelligence, the legal profession is on the verge of being
transformed by technology (legal tech). This handbook examines
these developments and the changing legal landscape by providing
perspectives from multiple interested parties, including
practitioners, academics, and legal tech companies from different
legal systems. Scrutinizing the real implications posed by legal
tech, the book advocates for an unbiased, cautious approach for the
engagement of technology in legal practice. It also carefully
addresses the core question of how to balance fears of industry
takeover by technology with the potential for using legal tech to
expand services and create value for clients. Together, the
chapters develop a framework for analyzing the costs and benefits
of new technologies before they are implemented in legal practice.
This interdisciplinary collection features contributions from
lawyers, social scientists, institutional officials, technologists,
and current developers of e-law platforms and services.
With increasing digitalization and the evolution of artificial
intelligence, the legal profession is on the verge of being
transformed by technology (legal tech). This handbook examines
these developments and the changing legal landscape by providing
perspectives from multiple interested parties, including
practitioners, academics, and legal tech companies from different
legal systems. Scrutinizing the real implications posed by legal
tech, the book advocates for an unbiased, cautious approach for the
engagement of technology in legal practice. It also carefully
addresses the core question of how to balance fears of industry
takeover by technology with the potential for using legal tech to
expand services and create value for clients. Together, the
chapters develop a framework for analyzing the costs and benefits
of new technologies before they are implemented in legal practice.
This interdisciplinary collection features contributions from
lawyers, social scientists, institutional officials, technologists,
and current developers of e-law platforms and services.
The fourth edition of International Business Law and the Legal
Environment: A Transactional Approach gives business and law
students a clear understanding of the legal principles that govern
international business. This book goes beyond compliance by
emphasizing how to use the law to create value and competitive
advantage. DiMatteo's transactional approach walks students through
key business transactions-from import and export, contracts, and
finance to countertrade, dispute resolution, licensing, and
more-giving them both context and providing real-world
applications. More concise than previous editions, this new edition
also features: * Added coverage of new technologies, such as smart
contracts, digital platforms, and blockchain technology *
Discussion of businesses and sustainability, climate change, and
creating a circular economy * Greater focus on UNIDROIT Principles
and a review of INCOTERMS 2020 * Expansion of common carrier
coverage to include CMI trucking and CMR railway conventions *
International perspective and use of a variety of national and
international law materials * Great coverage of EU substantive law
Upper-level undergraduate and postgraduate students of business law
and international business will appreciate DiMatteo's lucid writing
style, and professionals will find this book to be a comprehensive
resource. Online resources include an instructor's manual,
PowerPoint slides, test bank, and other tools to provide additional
support for students and instructors.
The technology and application of artificial intelligence (AI)
throughout society continues to grow at unprecedented rates, which
raises numerous legal questions that to date have been largely
unexamined. Although AI now plays a role in almost all areas of
society, the need for a better understanding of its impact, from
legal and ethical perspectives, is pressing, and regulatory
proposals are urgently needed. This book responds to these needs,
identifying the issues raised by AI and providing practical
recommendations for regulatory, technical, and theoretical
frameworks aimed at making AI compatible with existing legal rules,
principles, and democratic values. An international roster of
authors including professors of specialized areas of law,
technologists, and practitioners bring their expertise to the
interdisciplinary nature of AI.
This book is the product of a unique collaboration between mainland
Chinese scholars and scholars from the civil, common, and mixed
jurisdiction legal traditions. It begins by placing the current
Chinese contract law (CCL) in the context of an evolutionary
process accelerated during China's transition to a market economy.
It is structured around the core areas of contract law,
anticipatory repudiation (common law) and defense of security
(German law); and remedies and damages, with a focus on the
availability of specific performance in Chinese law. The book also
offers a useful comparison between the CCL and the UNIDROIT
Principles of International Commercial Contracts, as well as the
Convention on Contracts for the International Sale of Goods. The
analysis in the book is undertaken at two levels - practical
application of the CCL and scholarly commentary.
This book brings together the top international sales law scholars
from twenty-three countries to review the Convention on Contracts
for International Sale of Goods (CISG) and its role in the
unification of global sales law. It reviews the substance of CISG
rules and analyzes alternative interpretations. A comparative
analysis is given of how countries have accepted, interpreted, and
applied the CISG. Theoretical insights are offered into the
problems of uniform laws, the CISG's role in bridging the gap
between the common and civil legal traditions, and the debate over
good faith in CISG jurisprudence. The book reviews case law
relating to the interpretation and application of the provisions of
the CISG; analyzes how it has been recognized and implemented by
national courts and arbitral tribunals; offers insights into
problems of uniformity of application of an international sales
convention; compares the CISG with the English Sale of Goods Act
and places it in the context of other texts of UNCITRAL; and
analyzes the CISG from the practitioner's perspective.
This book focuses on the law of commercial contracts as constructed
by the U.S. and UK legal systems. Leading scholars from both sides
of the Atlantic provide works of original scholarship focusing on
current debates and trends from the two dominant common law
systems. The chapters approach the subject areas from a variety of
perspectives doctrinal analysis, law and economic analysis, and
social-legal studies, as well as other theoretical perspectives.
The book covers the major themes that underlie the key debates
relating to commercial contract law: role of consent; normative
theories of contract law; contract design and good faith; implied
terms and interpretation; policing contract behavior;
misrepresentation, breach, and remedies; and the regional and
international harmonization of contract law. Contributors provide
insights on the many commonalities, but more interestingly, on the
key divergences of the United States and United Kingdom's
approaches to numerous areas of contract law. Such a comparative
analysis provides a basis for future developments and improvements
of commercial contract law in both countries, as well as other
countries that are members of the common law systems. At the same
time, insights gathered here should also be of interest to scholars
and practitioners of the civil law tradition."
This book is the product of extended research by five scholars
working in the area of private international law. It provides a
comprehensive review and analysis of the jurisprudence surrounding
the United Nations Convention on Contracts for the International
Sale of Goods (CISG). As of 1st January 2004, 62 countries have
adopted the CISG as their countries' international sales law. Since
the introduction of the CISG fifteen years ago, a critical mass of
interpretive jurisprudence has developed, and, given its importance
now as the world's preeminent sales law, the authors believed that
a fresh analysis of the evolving case and arbitral law was now
needed. The analysis in the book is undertaken at two levels - the
practical interpretation of the CISG and the theoretical limits of
interpretation of supranational conventions.
This book focuses on the law of commercial contracts as constructed
by the U.S. and UK legal systems. Leading scholars from both sides
of the Atlantic provide works of original scholarship focusing on
current debates and trends from the two dominant common law
systems. The chapters approach the subject areas from a variety of
perspectives doctrinal analysis, law and economic analysis, and
social-legal studies, as well as other theoretical perspectives.
The book covers the major themes that underlie the key debates
relating to commercial contract law: role of consent; normative
theories of contract law; contract design and good faith; implied
terms and interpretation; policing contract behavior;
misrepresentation, breach, and remedies; and the regional and
international harmonization of contract law. Contributors provide
insights on the many commonalities, but more interestingly, on the
key divergences of the United States and United Kingdom's
approaches to numerous areas of contract law. Such a comparative
analysis provides a basis for future developments and improvements
of commercial contract law in both countries, as well as other
countries that are members of the common law systems. At the same
time, insights gathered here should also be of interest to scholars
and practitioners of the civil law tradition."
The product of a unique collaboration between academic scholars,
legal practitioners, and technology experts, this Handbook is the
first of its kind to analyze the ongoing evolution of smart
contracts, based upon blockchain technology, from the perspective
of existing legal frameworks - namely, contract law. The book's
coverage ranges across many areas of smart contracts and electronic
or digital platforms to illuminate the impact of new, and often
disruptive, technologies on the law. With a mix of scholarly
commentary and practical application, chapter authors provide
expert insights on the core issues involving the use of smart
contracts, concluding that smart contracts cannot supplant contract
law and the courts, but leaving open the question of whether there
is a need for specialized regulations to prevent abuse. This book
should be read by anyone interested in the disruptive effect of new
technologies on the law generally, and contract law in particular.
A unique collaboration between academic scholars, legal
practitioners, and arbitrators, this handbook focuses on the
intersection of arbitration - as an alternative to litigation - and
the court systems to which arbitration is ultimately beholden. The
first three parts analyze issues relating to the interpretation of
the scope of arbitration agreements, arbitrator bias and conflicts
of interest, arbitrator misconduct during the proceedings,
enforceability of arbitral awards, and the grounds for vacating
awards. The next section features fifteen country-specific reviews,
which demonstrate that, despite the commonality of principles at
the international level, there is a significant of amount of
differences in the application of those principles at the national
level. This work should be read by anyone interested in the general
rules and principles of the enforceability of foreign arbitral
awards and the grounds for courts to vacate or annul such awards.
This book is the product of a unique collaboration between mainland
Chinese scholars and scholars from the civil, common, and mixed
jurisdiction legal traditions. It begins by placing the current
Chinese contract law (CCL) in the context of an evolutionary
process accelerated during China's transition to a market economy.
It is structured around the core areas of contract law,
anticipatory repudiation (common law) and defense of security
(German law); and remedies and damages, with a focus on the
availability of specific performance in Chinese law. The book also
offers a useful comparison between the CCL and the UNIDROIT
Principles of International Commercial Contracts, as well as the
Convention on Contracts for the International Sale of Goods. The
analysis in the book is undertaken at two levels - practical
application of the CCL and scholarly commentary.
This book brings together the top international sales law scholars
from twenty-three countries to review the Convention on Contracts
for International Sale of Goods (CISG) and its role in the
unification of global sales law. It reviews the substance of CISG
rules and analyzes alternative interpretations. A comparative
analysis is given of how countries have accepted, interpreted, and
applied the CISG. Theoretical insights are offered into the
problems of uniform laws, the CISG's role in bridging the gap
between the common and civil legal traditions, and the debate over
good faith in CISG jurisprudence. The book reviews case law
relating to the interpretation and application of the provisions of
the CISG; analyzes how it has been recognized and implemented by
national courts and arbitral tribunals; offers insights into
problems of uniformity of application of an international sales
convention; compares the CISG with the English Sale of Goods Act
and places it in the context of other texts of UNCITRAL; and
analyzes the CISG from the practitioner's perspective.
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